Federalism Flashcards
Dual Federalism (1789-1932)
- State government and national government deal with their powers INDEPENDENTLY of each other
Grants
Free (no debt) money to states/local governments
Categorical Formula Grants
Based on formula: # of ppl x $$ per person, often come with strings such as matching funds requirement where $$ must be partially paid by state
Categorical Project Grants
Money is given to states based on specific proposed programs and funding
Block Grants
Grants given over broad policies such as education or welfare
- “Creeping categorization” adds more strings by specifying where X amount of money from grant goes
Mandate
- Funded mandate: States do something required by federal law that is paid ONE HUNDRED PERCENT by the federal government
- Unfunded mandate: Mandate that is not fully paid for by the federal government
Cooperative Federalism (1933-1960s)
- State and National government work together to do something
- Ex. National government gives relief $$ to states after a natural disaster
Centralized Federalism (1963-1981)
Conditional programs/directives and grants to support national agenda
New Federalism (1981-now)
Devolution of policy responsibilities (making, financing, and implementation)
Conflicted Federalism
Combining dual, cooperative, and/or centralized on different policy matters creating a conflicted over policy agenda
Exclusive Powers
Powers delegated specifically to one level of government (ex. Congress declares war)
Concurrent Powers
Powers delegated to multiple levels of government (ex. Power to tax, build roads)
Due Process
Not losing natural rights (life, liberty, and property) without fair opportunity to defend oneself in a court of law (ex. Free lawyer, witnesses, public trial, habeas corpus)
Habeas Corpus
An accused person is told what they are being charged with by a judge (ex. Lincoln suspended during Civil War)
Emoluments Clause
No bribes from other nations (ex. Biden bribes from China? Trump bribes from Russia?)
Inherent Powers
Implied powers for the president (ex. Issuing executive orders)
Police Powers
State passes law to protect health and safety (ex. COVID protocols)
Supremacy Clause
Constitution = Supreme law of land (US v. Lopez, state won due to Constitution)
Devolution Revolution
Sending power from federal government to states (ex. Began with Nixon and Reagan)
Commerce Clause
Federal government granted power to regulate trade w/other nations, between states, and indian tribes (ex. Gun-Free School Zone Act only applies to guns moving from state to state)
Necessary and proper/elastic clause
Congress has unlisted powers necessary to use expressed/enumerated powers (ex. Creation of IRS)
Implied Powers
Powers Congress claims to be necessary to carry out expressed powers
Enumerated Powers
Powers explicitly stated in the Constitution (ex. Power to lay and collect taxes)
Confederation
States remain the main holders of power with a weak central government (ex. Articles of Confederations United States)
Unitary Government
Smaller governments exist at the will of the central government (ex. Parliament pre-revolution)
Federal Government
2 levels of government with different or shared powers as outlined by the Constitution (ex. Modern America)
State Sovereignty
States’ ability/power to make decisions (ex. state regulation of gun laws)
Creeping Categorization
Strings on block grants forcing certain funds to be allocated to specific areas (ex. education, $14 million spent on teacher salaries)
Appellate Jurisdiction
The ability to hear (and related powers of) cases on appeal from lower courts
Impeachment Process
Due to “high crimes and misdemeanors,” civil officers (president, VP, judges) can be impeached by:
1. An accusation in the House of Reps
2. A House Judiciary Committee investigation
3. A full House agreeing with a simple majority
(ex. Presidents Andrew Johnson and Bill Clinton)
Judicial Review
The Supreme Court’s and federal courts’ ability to declare actions of government unconstitutional (ex. Marbury v. Madison striking down 1789 Judiciary Act))
Impeachment
The process, not outcome, of an accusation of criminality of a president, VP, judge,
Popular sovereignty
the idea that the power of a government stems solely from the people
